Judge to rule soon on affordable housing in planned North Brunswick transit village

Site of planned train station in North BrunswickFrances Micklow/The Star-Ledger

NORTH BRUNSWICK — The status of the Council On Affordable Housing, whose fate is now before the state Supreme Court, is the main issue in a dispute between North Brunswick and the Fair Share Housing Center over how much affordable housing is required in the township’s planned transit village.

Superior Court Judge Phillip Paley told both sides in a morning hearing in New Brunswick that he will give a written decision in two weeks on whether he has any jurisdiction over the dispute.

Gov. Chris Christie abolished the council, which sets the amount of affordable housing each town has to build, more than a year ago, but the Fair Housing Center took him to court, arguing the governor did not have the authority to abolish an independent agency created by the Legislature. The issue is currently before the state Supreme Court and the council’s ability to function is in limbo.

Kevin Walsh, the attorney for the Fair Housing Council, argued that Paley has the authority under the Affordable Housing Statute, to require the developer of the project to set aside 20 percent of the units built for affordable housing so long as there are state resources being used. He said that would be 375 of the planned 1,875 units in the transit village.

In this case, Walsh argues that NJ Transit’s plans to build a train station along the Northeast Corridor on the property constitute the use of state resources.

The train station is part of the township’s “transit village” at the old Johnson & Johnson complex on Route 1 and is expected to include residential units as well as retail development. The plan was approved last year and a developer, NBTOD Associates, selected. NJ Transit approved construction of the train station last month.

Thomas Carroll 3rd, the attorney representing NBTOD Associates, argued the decision on how much affordable housing should be built should await the state Supreme Court’s decision on COAH’s fate.

Ronald Gordon, representing North Brunswick Township, argued the town put into the ordinance approving the development plans the proviso that the developer must include in its plans the number of affordable housing units assigned to the town by COAH. Therefore, Gordon said, the 20 percent requirement in the state statute doesn’t apply to the town.